AN ACT
Relating to improvements to the licensing sections of the Washington state
liquor act; and amending RCW 66.24.010, 66.24.025, 66.24.210, 66.24.290,
66.24.300, 66.24.320, 66.24.330, 66.24.420, 66.24.490, and 66.28.180.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
66.24.010 and 1988 c 200 s 1 are each amended to read as follows:
(1)
Every license shall be issued in the name of the applicant, and the holder
thereof shall not allow any other person to use the license.
(2)
For the purpose of considering any application for a license, the board may
cause an inspection of the premises to be made, and may inquire into all
matters in connection with the construction and operation of the premises. For
the purpose of reviewing any application for a license and for considering the
denial, suspension or revocation of any license, the liquor control board may
consider any prior criminal conduct of the applicant and the provisions of RCW
9.95.240 and of chapter 9.96A RCW shall not apply to such cases. The board
may, in its discretion, grant or refuse the license applied for. Authority
to approve an uncontested or unopposed license may be granted by the board to
any staff member the board designates in writing. Conditions for granting such
authority shall be adopted by rule. No retail license of any kind may be
issued to:
(a) A
person who has not resided in the state for at least one month prior to making
application, except in cases of licenses issued to dining places on railroads,
boats, or aircraft;
(b) A
copartnership, unless all of the members thereof are qualified to obtain a
license, as provided in this section;
(c) A
person whose place of business is conducted by a manager or agent, unless such
manager or agent possesses the same qualifications required of the licensee;
(d) A
corporation, unless it was created under the laws of the state of Washington or
holds a certificate of authority to transact business in the state of
Washington.
(3)
The board may, in its discretion, subject to the provisions of RCW 66.08.150,
suspend or cancel any license; and all rights of the licensee to keep or sell
liquor thereunder shall be suspended or terminated, as the case may be. The
board may request the appointment of administrative law judges under chapter
34.12 RCW who shall have power to administer oaths, issue subpoenas for the
attendance of witnesses and the production of papers, books, accounts,
documents, and testimony, examine witnesses, and to receive testimony in any
inquiry, investigation, hearing, or proceeding in any part of the state, under
such rules and regulations as the board may adopt.
Witnesses
shall be allowed fees and mileage each way to and from any such inquiry,
investigation, hearing, or proceeding at the rate authorized by RCW 34.05.446,
as now or hereafter amended. Fees need not be paid in advance of appearance of
witnesses to testify or to produce books, records, or other legal evidence.
In
case of disobedience of any person to comply with the order of the board or a
subpoena issued by the board, or any of its members, or administrative law
judges, or on the refusal of a witness to testify to any matter regarding which
he or she may be lawfully interrogated, the judge of the superior court
of the county in which the person resides, on application of any member of the
board or administrative law judge, shall compel obedience by contempt
proceedings, as in the case of disobedience of the requirements of a subpoena
issued from said court or a refusal to testify therein.
(4)
Upon receipt of notice of the suspension or cancellation of a license, the
licensee shall forthwith deliver up the license to the board. Where the
license has been suspended only, the board shall return the license to the
licensee at the expiration or termination of the period of suspension. The
board shall notify all vendors in the city or place where the licensee has its
premises of the suspension or cancellation of the license; and no employee may
allow or cause any liquor to be delivered to or for any person at the premises
of that licensee.
(5)(a)
At the time of the original issuance of a class H license, the board shall
prorate the license fee charged to the new licensee according to the number of
calendar quarters, or portion thereof, remaining until the first renewal of
that license is required.
(b)
Unless sooner canceled, every license issued by the board shall expire at
midnight of the thirtieth day of June of the fiscal year for which it was
issued. However, if the board deems it feasible and desirable to do so, it may
establish, by rule pursuant to chapter 34.05 RCW, a system for staggering the
annual renewal dates for any and all licenses authorized by this chapter. If
such a system of staggered annual renewal dates is established by the board,
the license fees provided by this chapter shall be appropriately prorated
during the first year that the system is in effect.
(6)
Every license issued under this section shall be subject to all conditions and
restrictions imposed by this title or by the regulations in force from time to
time. All conditions and restrictions imposed by the board in the issuance of
an individual license shall be listed on the face of the individual license
along with the trade name, address, and expiration date.
(7)
Every licensee shall post and keep posted its license, or licenses, in a
conspicuous place on the premises.
(8)
Before the board shall issue a license to an applicant it shall give notice of
such application to the chief executive officer of the incorporated city or
town, if the application be for a license within an incorporated city or town,
or to the county legislative authority, if the application be for a license
outside the boundaries of incorporated cities or towns; and such incorporated
city or town, through the official or employee selected by it, or the county
legislative authority or the official or employee selected by it, shall have
the right to file with the board within twenty days after date of transmittal
of such notice, written objections against the applicant or against the premises
for which the license is asked, and shall include with such objections a
statement of all facts upon which such objections are based, and in case
written objections are filed, may request and the liquor control board may in
its discretion hold a formal hearing subject to the applicable provisions of
Title 34 RCW((, as now or hereafter amended)). Upon the granting of a
license under this title the board shall send a duplicate of the license or
written notification to the chief executive officer of the incorporated city or
town in which the license is granted, or to the county legislative authority if
the license is granted outside the boundaries of incorporated cities or towns.
(9)
Before the board issues any license to any applicant, it shall give (a) due
consideration to the location of the business to be conducted under such
license with respect to the proximity of churches, schools, and public
institutions and (b) written notice by certified mail of the application to
churches, schools, and public institutions within five hundred feet of the
premises to be licensed. The board shall issue no beer retailer license class
A, B, D, or E or wine retailer license class C or F or class H license covering
any premises not now licensed, if such premises are within five hundred feet of
the premises of any tax-supported public elementary or secondary school
measured along the most direct route over or across established public walks,
streets, or other public passageway from the outer property line of the school
grounds to the nearest public entrance of the premises proposed for license,
and if, after receipt by the school or public institution of the notice as
provided in this subsection, the board receives written notice, within twenty
days after posting such notice, from an official representative or
representatives of the school within five hundred feet of said proposed
licensed premises, indicating to the board that there is an objection to the
issuance of such license because of proximity to a school. For the purpose of
this section, church shall mean a building erected for and used exclusively for
religious worship and schooling or other activity in connection therewith. No
liquor license may be issued or reissued by the board to any motor sports
facility or licensee operating within the motor sports facility unless the
motor sports facility enforces a program reasonably calculated to prevent
alcohol or alcoholic beverages not purchased within the facility from entering
the facility and such program is approved by local law enforcement agencies.
It is the intent under this subsection that a retail license shall not be
issued by the board where doing so would, in the judgment of the board,
adversely affect a private school meeting the requirements for private schools
under Title 28A RCW, which school is within five hundred feet of the proposed
licensee. The board shall fully consider and give substantial weight to
objections filed by private schools. If a license is issued despite the
proximity of a private school, the board shall state in a letter addressed to
the private school the board's reasons for issuing the license.
(10)
The restrictions set forth in ((the preceding)) subsection (9) of
this section shall not prohibit the board from authorizing the ((transfer))
assumption of existing licenses now located within the restricted area
((to)) by other persons or ((locations)) licenses or
relocations of existing licensed premises within the restricted area((:
PROVIDED, Such transfer shall)). In no case ((result in
establishing)) may the licensed premises be moved closer to a
church or school than it was before the ((transfer)) assumption or
relocation.
(11)
Nothing in this section prohibits the board, in its discretion, from issuing a
temporary retail or wholesaler license to ((a transferee of a)) an
applicant assuming an existing retail or wholesaler license to continue the
operation of the retail or wholesaler premises during the period ((a
transfer)) the application for the license ((from person to
person at the same premises)) is pending and when the following conditions
exist:
(a)
The licensed premises has been operated under a retail or wholesaler license
within ninety days of the date of filing the application for a temporary
license;
(b)
The retail or wholesaler license for the premises has been surrendered pursuant
to issuance of a temporary operating license;
(c)
The applicant for the temporary license has filed with the board an application
((for transfer of)) to assume the retail or wholesaler license at
such premises to himself or herself; and
(d)
The application for a temporary license is accompanied by a temporary license
fee established by the board by rule.
A
temporary license issued by the board under this section shall be for a period
not to exceed sixty days. A temporary license may be extended at the
discretion of the board for an additional sixty-day period upon payment of an
additional fee and upon compliance with all conditions required in this
section.
Refusal
by the board to issue or extend a temporary license shall not entitle the
applicant to request a hearing. A temporary license may be canceled or
suspended summarily at any time if the board determines that good cause for
cancellation or suspension exists. RCW 66.08.130 and chapter 34.05 RCW shall
apply to temporary licenses.
Application
for a temporary license shall be on such form as the board shall prescribe. If
an application for a temporary license is withdrawn before issuance or is
refused by the board, the fee which accompanied such application shall be
refunded in full.
Sec.
2. RCW
66.24.025 and 1981 1st ex.s. c 5 s 11 are each amended to read as follows:
(1) ((The
holder of one or more licenses may assign and transfer the same to any
qualified person under such rules and regulations as the board may prescribe:
PROVIDED, HOWEVER, That no such assignment and transfer shall be made which
will result in both a change of licensee and change of location; the fee for
such assignment and transfer shall be seventy-five dollars: PROVIDED, FURTHER,
That no fee will be charged for transfer)) If the board approves, a
license may be transferred, without charge, to the surviving spouse only of
a deceased licensee if the parties were maintaining a marital community and the
license was issued in the names of one or both of the parties.
(2)
The proposed sale of more than ten percent of the outstanding and/or issued
stock of a licensed corporation or any proposed change in the officers of a
licensed corporation must be reported to the board, and board approval must be
obtained before such changes are made. A fee of seventy-five dollars will be
charged for the processing of such change of stock ownership and/or corporate
officers.
Sec.
3. RCW
66.24.210 and 1994 1st sp.s. c 7 s 901 are each amended to read as follows:
(1)
There is hereby imposed upon all wines sold to wine wholesalers and the
Washington state liquor control board, within the state a tax at the rate of
twenty and one-fourth cents per liter: PROVIDED, HOWEVER, That wine sold or
shipped in bulk from one winery to another winery shall not be subject to such
tax. The tax provided for in this section ((may, if so prescribed by the
board,)) shall be collected ((by means of stamps to be furnished
by the board, or)) by direct payments based on wine purchased by wine
wholesalers. Every person purchasing wine under the provisions of this section
shall on or before the twentieth day of each month report to the board all
purchases during the preceding calendar month in such manner and upon such
forms as may be prescribed by the board, and with such report shall pay the tax
due from the purchases covered by such report unless the same has previously
been paid. Any such purchaser of wine whose applicable tax payment is not
postmarked by the twentieth day following the month of purchase will be
assessed a penalty at the rate of two percent a month or fraction thereof. ((If
this tax be collected by means of stamps, every such person shall procure from
the board revenue stamps representing the tax in such form as the board shall
prescribe and shall affix the same to the package or container in such manner
and in such denomination as required by the board and shall cancel the same
prior to the delivery of the package or container containing the wine to the
purchaser. If the tax is not collected by means of stamps,)) The
board may require that every such person shall execute to and file with the
board a bond to be approved by the board, in such amount as the board may fix,
securing the payment of the tax. If any such person fails to pay the tax when
due, the board may forthwith suspend or cancel the license until all taxes are
paid.
(2) An
additional tax is imposed equal to the rate specified in RCW 82.02.030
multiplied by the tax payable under subsection (1) of this section. All
revenues collected during any month from this additional tax shall be transferred
to the state general fund by the twenty-fifth day of the following month.
(3) An
additional tax is imposed on wines subject to tax under subsection (1) of this
section, at the rate of one-fourth of one cent per liter for wine sold after
June 30, 1987. Such additional tax shall cease to be imposed on July 1, 2001.
All revenues collected under this subsection (3) shall be disbursed quarterly
to the Washington wine commission for use in carrying out the purposes of
chapter 15.88 RCW.
(4) An
additional tax is imposed on all wine subject to tax under subsection (1) of
this section. The additional tax is equal to twenty-three and forty-four
one-hundredths cents per liter on fortified wine as defined in RCW
66.04.010(34) when bottled or packaged by the manufacturer and one cent per
liter on all other wine. All revenues collected during any month from this
additional tax shall be deposited in the violence reduction and drug
enforcement account under RCW 69.50.520 by the twenty-fifth day of the following
month.
Sec.
4. RCW
66.24.290 and 1994 1st sp.s. c 7 s 902 are each amended to read as follows:
(1)
Any brewer or beer wholesaler licensed under this title may sell and deliver
beer to holders of authorized licenses direct, but to no other person, other
than the board; and every such brewer or beer wholesaler shall report all sales
to the board monthly, pursuant to the regulations, and shall pay to the board
as an added tax for the privilege of manufacturing and selling the beer within
the state a tax of two dollars and sixty cents per barrel of thirty-one gallons
on sales to licensees within the state and on sales to licensees within the
state of bottled and canned beer shall pay a tax computed in gallons at the
rate of two dollars and sixty cents per barrel of thirty-one gallons. Any
brewer or beer wholesaler whose applicable tax payment is not postmarked by the
twentieth day following the month of sale will be assessed a penalty at the
rate of two percent per month or fraction thereof. ((Each such brewer or
wholesaler shall procure from the board revenue stamps representing such tax in
form prescribed by the board and shall affix the same to the barrel or package
in such manner and in such denominations as required by the board, and shall
cancel the same prior to commencing delivery from his or her place of business
or warehouse of such barrels or packages.)) Beer shall be sold by brewers
and wholesalers in sealed barrels or packages. ((The revenue stamps
provided under this section need not be affixed and canceled in the making of
resales of barrels or packages already taxed by the affixation and cancellation
of stamps as provided in this section.))
(2) An
additional tax is imposed equal to seven percent multiplied by the tax payable
under subsection (1) of this section. All revenues collected during any month
from this additional tax shall be transferred to the state general fund by the
twenty-fifth day of the following month.
(3) An
additional tax is imposed on all beer subject to tax under subsection (1) of
this section. The additional tax is equal to two dollars per barrel of
thirty-one gallons. All revenues collected during any month from this
additional tax shall be deposited in the violence reduction and drug
enforcement account under RCW 69.50.520 by the twenty-fifth day of the
following month.
(4)(a)
An additional tax is imposed on all beer subject to tax under subsection (1) of
this section. The additional tax is equal to ninety-six cents per barrel of
thirty-one gallons through June 30, 1995, two dollars and thirty-nine cents per
barrel of thirty-one gallons for the period July 1, 1995, through June 30,
1997, and four dollars and seventy-eight cents per barrel of thirty-one gallons
thereafter.
(b)
The additional tax imposed under this subsection does not apply to the sale of
the first sixty thousand barrels of beer each year by breweries that are
entitled to a reduced rate of tax under 26 U.S.C. Sec. 5051, as existing on
July 1, 1993, or such subsequent date as may be provided by the board by rule
consistent with the purposes of this exemption.
(c)
All revenues collected from the additional tax imposed under this subsection
(4) shall be deposited in the health services account under RCW 43.72.900.
(5)
The tax imposed under this section shall not apply to "strong beer"
as defined in this title.
Sec.
5. RCW
66.24.300 and 1951 c 93 s 1 are each amended to read as follows:
(1)
The board may make refunds for all ((stamp)) taxes paid on beer exported
from the state for use outside the state((, and also for tax stamps
destroyed prior to the consummation of any sale of beer within the state, or
for unused stamps returned to the board)).
(2)
The board ((may waive the use of revenue stamps in the collection of the tax
on beer. If the tax is not collected by means of stamps, the board may)) shall
require filing with the board of a bond to be approved by it, in such amount as
the board may fix, securing the payment of the tax. If any licensee fails to
pay the tax when due, the board may forthwith suspend or cancel his license
until all taxes are paid.
Sec.
6. RCW
66.24.320 and 1991 c 42 s 1 are each amended to read as follows:
There
shall be a beer retailer's license to be designated as a class A license to
sell beer at retail, for consumption on the premises and to sell beer for consumption
off the premises((: PROVIDED, HOWEVER, That)). Beer sold for
consumption off the premises must be in original sealed packages of the
manufacturer or bottler of not less than ((seven and three-fourths)) four
gallons((: AND PROVIDED FURTHER, That)). Beer may be sold to a
purchaser in a sanitary container brought to the premises by the purchaser and
filled at the tap by the retailer at the time of sale((;)). Such
licenses ((to)) may be issued only to hotels, restaurants,
drug stores or soda fountains, dining places on boats and airplanes, to clubs,
and at sports arenas or race tracks during recognized professional athletic
events. The annual fee for said license, if issued in cities and towns, shall
be graduated according to the population thereof as follows:
Cities
and towns Fee
Less
than 20,000 $ 205
20,000
or over $ 355
The
annual fee for such license, if issued outside of cities and towns, shall be
two hundred five dollars((: PROVIDED, HOWEVER, That)). The
annual license fee for such license, if issued to dining places on vessels not
exceeding one thousand gross tons, plying on inland waters of the state of
Washington on regular schedules, shall be two hundred five dollars.
Sec.
7. RCW
66.24.330 and 1991 c 42 s 2 are each amended to read as follows:
There
shall be a beer retailer's license to be designated as a class B license to
sell beer at retail, for consumption on the premises and to sell beer for
consumption off the premises((: PROVIDED, HOWEVER, That)). Beer
sold for consumption off the premises must be in original sealed packages of
the manufacturer or bottler of not less than ((seven and three-fourths))
four gallons((: AND PROVIDED FURTHER, That)). Beer may
be sold to a purchaser in a sanitary container brought to the premises by the
purchaser and filled at the tap by the retailer at the time of sale((;)).
Such licenses ((to)) may be issued only to a person
operating a tavern. The annual fee for said license, if issued in cities and
towns, shall be graduated according to the population thereof as follows:
Cities
and towns Fee
Less
than 20,000 $ 205
20,000
or over $ 355
The
annual fee for such license, if issued outside of cities and towns, shall be
two hundred five dollars.
Sec.
8. RCW
66.24.420 and 1981 1st ex.s. c 5 s 45 are each amended to read as follows:
(1)
The class H license shall be issued in accordance with the following schedule
of annual fees:
(a)
The annual fee for said license, if issued to a club, whether inside or outside
of incorporated cities and towns, shall be seven hundred dollars.
(b)
The annual fee for said license, if issued to any other class H licensee in
incorporated cities and towns, shall be graduated according to the population
thereof as follows:
Incorporated
Cities
and towns Fees
Less
than 20,000 $1,200
20,000
or over $2,000
(c)
The annual fee for said license when issued to any other class H licensee
outside of incorporated cities and towns shall be: Two thousand dollars; this
fee shall be prorated according to the calendar quarters, or portion thereof,
during which the licensee is open for business, except in case of suspension or
revocation of the license.
(d)
Where the license shall be issued to any corporation, association or person
operating a bona fide restaurant in an airport terminal facility providing
service to transient passengers with more than one place where liquor is to be
dispensed and sold, such license shall be issued upon the payment of the annual
fee, which shall be a master license and shall permit such sale within and from
one such place. Such license may be extended to additional places on the
premises at the discretion of the board and a duplicate license may be issued
for each such additional place: PROVIDED, That the holder of a master license
for a restaurant in an airport terminal facility shall be required to maintain
in a substantial manner at least one place on the premises for preparing,
cooking and serving of complete meals, and such food service shall be available
on request in other licensed places on the premises: PROVIDED, FURTHER, That
an additional license fee of twenty-five percent of the annual master license
fee shall be required for such duplicate licenses.
(e)
Where the license shall be issued to any corporation, association, or person
operating dining places at publicly owned civic centers with facilities for
sports, entertainment, and conventions, with more than one place where liquor
is to be dispensed and sold, such license shall be issued upon the payment of
the annual fee, which shall be a master license and shall permit such sale
within and from one such place. Such license may be extended to additional
places on the premises at the discretion of the board and a duplicate license
may be issued for each such additional place: PROVIDED, That the holder of a
master license for a dining place at such a publicly owned civic center shall
be required to maintain in a substantial manner at least one place on the
premises for preparing, cooking and serving of complete meals, and food service
shall be available on request in other licensed places on the premises:
PROVIDED FURTHER, That an additional license fee of ten dollars shall be
required for such duplicate licenses.
(f)
Where the license shall be issued to any corporation, association or person
operating more than one building containing dining places at privately owned
facilities which are open to the public and where there is a continuity of
ownership of all adjacent property, such license shall be issued upon the
payment of an annual fee which shall be a master license and shall permit such
sale within and from one such place. Such license may be extended to the
additional dining places on the property or, in the case of a class H
licensed hotel, property owned or controlled by leasehold interest by that
hotel for use as a conference or convention center or banquet facility open to
the general public for special events in the same metropolitan area, at the
discretion of the board and a duplicate license may be issued for each
additional place: PROVIDED, That the holder of the master license for the
dining place shall not offer alcoholic beverages for sale, service, and
consumption at the additional place unless food service is available at both
the location of the master license and the duplicate license: PROVIDED
FURTHER, That an additional license fee of twenty dollars shall be required for
such duplicate licenses.
(2)
The board, so far as in its judgment is reasonably possible, shall confine
class H licenses to the business districts of cities and towns and other
communities, and not grant such licenses in residential districts, nor within
the immediate vicinity of schools, without being limited in the administration
of this subsection to any specific distance requirements.
(3)
The board shall have discretion to issue class H licenses outside of cities and
towns in the state of Washington. The purpose of this subsection is to enable
the board, in its discretion, to license in areas outside of cities and towns
and other communities, establishments which are operated and maintained
primarily for the benefit of tourists, vacationers and travelers, and also golf
and country clubs, and common carriers operating dining, club and buffet cars,
or boats.
(4)
The total number of class H licenses issued in the state of Washington by the
board, not including those class H licenses issued to clubs, shall not in the
aggregate at any time exceed one license for each fifteen hundred of population
in the state, determined according to the yearly population determination
developed by the office of financial management pursuant to RCW 43.62.030.
(5)
Notwithstanding the provisions of subsection (4) of this section, the board
shall refuse a class H license to any applicant if in the opinion of the board
the class H licenses already granted for the particular locality are adequate
for the reasonable needs of the community.
Sec.
9. RCW
66.24.490 and 1994 c 201 s 3 are each amended to read as follows:
(1)
There shall be a retailer's license to be designated as a class I caterer's
license; this shall be a special occasion license to be issued to the holder of
a class A, C, D, or public H license to extend the privilege of selling and
serving liquor as authorized under such a license at retail, for consumption on
the premises, to members and guests of a society or organization on special
occasions at a specified date and place when such special occasions of such
groups are held on premises other than the licensed premises and for
consumption on the premises of such outside location. The holder of such
special occasion license shall be allowed to remove from the liquor stocks at
the licensed premises, and allow liquor for sale and service at such special occasion
locations. ((Upon payment of a fee of twenty-five dollars per day or, upon
proper application to the liquor control board,)) An annual class I
license may be issued to the holder of a class A, C, D, or public H license
upon proper application to the board and payment of a fee of three
hundred fifty dollars.
(2)
The holder of a class I license shall, if requested by the board, notify the
board or its designee of the date, time, place, and location of any catered
event. Upon request the class I licensee shall provide to the board all
necessary or requested information concerning the society or organization which
will be holding the function at which the class I license will be utilized.
(3) If
attendance at the function will be open to the general public, the society or
organization sponsoring the function shall be within the definition of
"society or organization" in RCW 66.24.375. If attendance at the
function will be limited to members and invited guests of the sponsoring
society or organization, then the requirement that the society or organization
be within the definition of RCW 66.24.375 is waived.
Sec.
10. RCW
66.28.180 and 1985 c 226 s 4 are each amended to read as follows:
It is
unlawful for a person, firm, or corporation holding a certificate of approval
issued under RCW 66.24.270 or 66.24.206, a beer wholesaler's license, a
brewer's license, a beer importer's license, a domestic winery license, a wine
importer's license, or a wine wholesaler's license within the state of
Washington to modify any prices without prior notification to and approval of
the board.
(1)
Intent. This section is enacted, pursuant to the authority of this state under
the twenty-first amendment to the United States Constitution, to promote the
public's interest in fostering the orderly and responsible distribution of malt
beverages and wine towards effective control of consumption; to promote the
fair and efficient three-tier system of distribution of such beverages; and to
confirm existing board rules as the clear expression of state policy to
regulate the manner of selling and pricing of wine and malt beverages by
licensed suppliers and wholesalers.
(2)
Beer and wine wholesale price posting. (a) Every beer or wine wholesaler shall
file with the board at its office in Olympia a price posting showing the
wholesale prices at which any and all brands of beer and wine sold by such beer
and/or wine wholesaler shall be sold to retailers within the state.
(b)
Each price posting shall be made on a form prepared and furnished by the board,
or a reasonable facsimile thereof, and shall set forth:
(i)
All brands, types, packages, and containers of beer offered for sale by such
beer and/or wine wholesaler;
(ii)
The wholesale prices thereof to retail licensees, including allowances, if any,
for returned empty containers.
(c)
No beer and/or wine wholesaler may sell or offer to sell any package or
container of beer or wine to any retail licensee at a price differing from the
price for such package or container as shown in the price posting filed by the
beer and/or wine wholesaler and then in effect, according to rules adopted by
the board.
(d)
Quantity discounts are prohibited. No price may be posted that is below
acquisition cost plus ten percent of acquisition cost. However, the board is
empowered to review periodically, as it may deem appropriate, the amount of the
percentage of acquisition cost as a minimum mark-up over cost and to modify
such percentage by rule of the board, except such percentage shall be not less
than ten percent.
(e)
Wholesale prices on a "close-out" item shall be accepted by the board
if the item to be discontinued has been listed on the state market for a period
of at least six months, and upon the further condition that the wholesaler who
posts such a close-out price shall not restock the item for a period of one
year following the first effective date of such close-out price.
(f)
The board may reject any price posting that it deems to be in violation of this
section or any rule, or portion thereof, or that would tend to disrupt the
orderly sale and distribution of beer and wine. Whenever the board rejects any
posting, the licensee submitting the posting may be heard by the board and shall
have the burden of showing that the posting is not in violation of this section
or a rule or does not tend to disrupt the orderly sale and distribution of beer
and wine. If the posting is accepted, it shall become effective at the time
fixed by the board. If the posting is rejected, the last effective posting
shall remain in effect until such time as an amended posting is filed and
approved, in accordance with the provisions of this section.
(g)
All price postings filed as required by this section shall at all times be open
to inspection to all trade buyers within the state of Washington and shall not
in any sense be considered confidential.
(h)
Any beer and/or wine wholesaler or employee authorized by the
wholesaler-employer may sell beer and/or wine at the wholesaler's posted prices
to any class A, B, C, D, E, F, H, G, or J licensee upon presentation to the
wholesaler or employee at the time of purchase of a special permit issued by
the board to such licensee.
(i)
Every class A, B, C, D, E, F, H, G, or J licensee, upon purchasing any beer
and/or wine from a wholesaler, shall immediately cause such beer or wine to be
delivered to the licensed premises, and the licensee shall not thereafter
permit such beer to be disposed of in any manner except as authorized by the
license.
(ii)
Beer and wine sold as provided in this section shall be delivered by the
wholesaler or an authorized employee either to the retailer's licensed premises
or directly to the retailer at the wholesaler's licensed premises. A wholesaler's
prices to retail licensees shall be the same at both such places of delivery.
(3)
Beer and wine suppliers' price filings, contracts, and memoranda. (a) Every
brewery and winery offering beer and/or wine for sale within the state shall
file with the board at its office in Olympia a copy of every written contract
and a memorandum of every oral agreement which such brewery or winery may have
with any beer or wine wholesaler, which contracts or memoranda shall contain a
schedule of prices charged to wholesalers for all items and all terms of sale,
including all regular and special discounts; all advertising, sales and trade
allowances, and incentive programs; and all commissions, bonuses or gifts, and
any and all other discounts or allowances. Whenever changed or modified, such
revised contracts or memoranda shall forthwith be filed with the board as
provided for by rule. The provisions of this section also apply to certificate
of approval holders, beer and/or wine importers, and beer and/or wine wholesalers
who sell to other beer and/or wine wholesalers.
Each
price schedule shall be made on a form prepared and furnished by the board, or
a reasonable facsimile thereof, and shall set forth all brands, types,
packages, and containers of beer or wine offered for sale by such licensed
brewery or winery; all additional information required may be filed as a
supplement to the price schedule forms.
(b)
Prices filed by a brewery or winery shall be uniform prices to all wholesalers
on a state-wide basis less bona fide allowances for freight differentials.
Quantity discounts are prohibited. No price shall be filed that is below
acquisition/production cost plus ten percent of that cost, except that
acquisition cost plus ten percent of acquisition cost does not apply to sales
of beer or wine between a beer or wine importer who sells beer or wine to
another beer or wine importer or to a beer or wine wholesaler, or to a beer or
wine wholesaler who sells beer or wine to another beer or wine wholesaler.
However, the board is empowered to review periodically, as it may deem
appropriate, the amount of the percentage of acquisition/production cost as a
minimum mark-up over cost and to modify such percentage by rule of the board,
except such percentage shall be not less than ten percent.
(c)
No brewery, winery, certificate of approval holder, wine importer, or wine
wholesaler may sell or offer to sell any beer or wine to any persons whatsoever
in this state until copies of such written contracts or memoranda of such oral
agreements are on file with the board.
(d)
No brewery or winery may sell or offer to sell any package or container of beer
or wine to any wholesaler at a price differing from the price for such package
or container as shown in the schedule of prices filed by the brewer or domestic
winery and then in effect, according to rules adopted by the board.
(e)
The board may reject any supplier's price filing, contract, or memorandum of
oral agreement, or portion thereof that it deems to be in violation of this
section or any rule or that would tend to disrupt the orderly sale and
distribution of beer or wine. Whenever the board rejects any such price
filing, contract, or memorandum, the licensee submitting the price filing,
contract, or memorandum may be heard by the board and shall have the burden of
showing that the price filing, contract, or memorandum is not in violation of
this section or a rule or does not tend to disrupt the orderly sale and
distribution of beer or wine. If the price filing, contract, or memorandum is
accepted, it shall become effective at a time fixed by the board. If the price
filing, contract, or memorandum, or portion thereof, is rejected, the last
effective price filing, contract, or memorandum shall remain in effect until
such time as an amended price filing, contract, or memorandum is filed and
approved, in accordance with the provisions of this section.
(f)
All prices, contracts, and memoranda filed as required by this section shall at
all times be open to inspection to all trade buyers within the state of
Washington and shall not in any sense be considered confidential.
